McClain+v.+Lafayette+County+Board+of+Education

Kari Graves 673 F.2d 106 3 Ed. Law Rep. 298 Michael McCLAIN, Joined by Next Friend, Nellie McClain, Plaintiffs-Appellants, v. LAFAYETTE COUNTY BOARD OF EDUCATION, et al., Defendants-Appellees. No. 81-4030. United States Court of Appeals, Fifth Circuit. April 14, 1982. **Background**: On September 23, 1980 Michael a student in the Lafayette school system was seen by his physical education teacher carrying a switchblade knife. Michael was taken to the principal’s office where he admitted to having the knife and knew it was against the rules. Michael was able to return to class but had to meet with the principal the next morning with his mother. At the meeting on the 24th Michael and his mother was informed that he would be suspended indefinitely for the possession of the knife. They were given a letter that stated there will be a meeting with the school board and she could attend to request Michael’s reinstatement. The meeting was held on September the 30th where staff and student statements were heard and a decision of suspending Michael for the remainder of the year was decided. The McClain’s brought suit on the grounds that the procedural due process rights were violated when Michael was suspended indefinitely without a hearing. Also Michael rights were violated because he did not have the chance to question witnesses and be represented by counsel. **Decision/Rationale**: The case was denied. There was never a question regarding if Michael had done something wrong.Michael was give an opportunity to present his side of the story, state, point out or deny any of the allegations regarding the matter. He and his mother appeared and participated at the school board meeting. There was nothing unfair or legally prejudicial in the proceedings the school board acted within its boundaries for the welfare of its students and faculty. ** Impact ** It is very important to be familiar with the student handbook and to make sure the forms are signed stating the student and parent are aware of the rules and regulations of the school. It is also important for teachers to have documentation of any events and to notify administration as quickly as possible**.** Should there be a question to the teacher’s actions or lack of at least you have your bases covered. The documents and forms is a safeguard for teachers and the school system and allows Students and the parents to address, challenge or appeal the issues they may have with the rules and regulations to the administration without disrupting the education process. Question: T/F Did the school board meeting act as Michael’s hearing?

McClain v. Lafayette Board of Education United States Court of Appeals April 14, 1982 __Background__ On 23, 1980, Michael McClain took a switchblade with him to school. Several students and the physical education teacher saw the knife in his possession, before he was taken to the principal’s office. It is against Mississippi state law to carry such a weapon if it is at all concealed, and violation of this law could result in jail time or a fine. The Lafayette County High School acknowledged and enforced this law by strictly forbidding knives on campus on the threat of indefinite suspension. Michael may not have known about the state law, but he admitted that he knew about the school policy, because he had read it on the first day of school along with his classmates. His excuse was that he forgot that he had it in his pocket. At no point did Michael deny that he was carrying this knife. During an investigation of the incident, students were interviewed on tape about what they had seen. Michael and his mother were given a letter about the incident and the consequence, which followed school policy. They were invited to the next school board meeting which was the following week to ask for re-admittance. This was a hearing at which the principal, the physical education teacher, Michael, and his mother all had a chance to speak and ask questions of the other parties. The school board backed the principal’s decision, but changed the suspension to cover the balance of the school year. The McClains took the case to the District Court on the premise that Michael was not allowed due process with proper notice of a hearing or what type of hearing it would be, nor could he face his accusers that were heard on tape. The District Court decided that “I forgot” is not sufficient to waive the punishment. __Decision and Rationale__ The United States Court of Appeals affirmed the judgment of the District Court on the grounds that the board meeting was his hearing and he was given notice in writing. There need not be a pause between the notice and the hearing. Michael never denied having the knife on school property, and the tapes did not prejudice the listeners or compound the situation whatsoever; therefore they did not harm his case, and it was not necessary that he face his accusers. __Impact__ Policies and communication should be documented for parents, students, and educators as a precaution against confusion. Administration should be informed of any potential problems, which should in turn follow the guidelines set in place by the local board. An inquiry into incidents should precede consequences, but once guilt is determined, consequences should be enforced lest students get the idea that they don’t have to worry about rules. All parties involved should remember the significance of rules that are set in place. __Quiz Question__ To honor due process, how much notice should involved parties be given before a hearing? a. one week b. one month c. none d. no delay necessary

Reviewed independently by Eileen Boyd